Casa asks court to sanction Frederick County sheriff

Casa de Maryland, the largest and most powerful immigrant advocacy group in the state, is accusing Frederick County Sheriff Chuck Jenkins of violating court rules and is asking the court to sanction him.

Casa de Maryland said that Jenkins (R) gave less than 48 hours' notice to its attorney that he would not attend a Jan. 14 deposition. Jenkins also failed to obtain a protective order required when a defendant refuses to give testimony in a deposition, the group stated.

Cox is asking the court to impose sanctions against Jenkins, including paying Casa's attorney fees caused by his failure to attend the deposition.

"The sanctions are appropriate," Cox said. "The sanctions include paying Casa's expenses having to do with the deposition, fees for the court reporter and the attorney's time. The amount could easily be a couple thousand dollars."

Jenkins declined to comment on the charges.

Elissa Levan, assistant attorney general representing Jenkins, said she would be "astonished" if the court granted the sanctions or ordered him to give a deposition without a subpoena.

The sheriff is not a party to this lawsuit and therefore would need to be subpoenaed, she said.

The deposition stems from a lawsuit Casa de Maryland filed against the Frederick County Sheriff's Office in November, in an attempt to force the department to release documents relating to its participation in the 287g program. U.S. Immigration and Customs Enforcement's 287g program enables the police to check the immigration status of the people they arrest.

Casa has criticized the Frederick County Sheriff's Office for putting 26 of its deputies through training for the 287g program and has accused the office of racial profiling.

In an attempt to substantiate that accusation, Casa has filed several requests under the Maryland Public Information Act for documents from the Sheriff's Office relating to its participation in the program.

The Sheriff's Office has not released those documents, so Casa sued in Montgomery County Circuit Court to force the immediate release of the documents.

Jenkins has denied that his office has withheld information about the program.

On Dec. 29, the Sheriff's Office filed a motion with the court to dismiss the case. In court papers, Levan said the case must be dismissed because the Sheriff's Office is not a legal entity or person capable of being sued.

Levan has suggested to Casa if they want Jenkins to appear for a deposition, the lawsuit should be amended to name him as a defendant.

A hearing on the motion to dismiss is scheduled for March 2 in Montgomery County.